Infringement opinion overview:
To infringe, the
third-party's mark must be confusingly similar to the claimant's mark, and a
confusing similarity analysis includes, without limitation:
A comparison of the similarities between the marks not only as to how they look and sound,
but also as to what they mean.
An assessment of the similar and dissimilar elements. Are
these elements distinctive? Are these elements commonplace?
A comparison of the
products and/or services sold under the marks. Are they the same?
Are they related? Would a consumer presume they would be sold by the same
An assessment of the
strength of claimant's mark. Is it arbitrary, suggestive, descriptive or
generic? If descriptive, has it attained secondary meaning, and if so,
when? Is it in a crowded field of similar marks? How long has it
been used? Is it well known?
A determination of whether or not there has been actual consumer
confusion, and that in turn is weighted against the length of time and extent of
A determination regarding the sophistication of the consumer
population vis-ŗ-vis the products or services on which the marks are used.
A comparison of the trade channels in which the underlying
products or services are sold.
Infringement analysis is always an analysis of whether or not the
marks are confusingly similar.
Is a trademark infringement opinion worth the costs? This is
always a business decision, but a wrong decision can be costly.
other topics -
naming and branding,
domain names, slogans,
Trademark Infringement Opinions --
expensive, time-consuming, sometimes necessary.
Initial consultations start at $240.
firmís charges for trademark infringement opinions start at $2,400.
Further cost estimates available after initial evaluation.
contact the firm
(all contact modes)
or call 312.419.8055